"Like gravity, karma is so basic we often don't even notice it": Justice served in the infamous coal scam case as former Rajya Sabha MP Vijay Darda and son Devender Darda gets 4-year prison sentence, and ex-Coal Secretary HC Gupta is sentenced to 3 years
In a significant decision that has sent ripples across India's political and business landscape, a court in Delhi has issued prison sentences for former Rajya Sabha Member of Parliament (MP) Vijay Darda, his son Devender Darda, and director of JLD Yavatmal Energy Pvt Ltd Manoj Kumar Jayaswal. The sentencing is a result of a case related to discrepancies in the allotment of a coal block in Chhattisgarh, highlighting the robustness of India's judicial system in addressing corruption and abuse of power.
On Wednesday, the Special Central Bureau of Investigation (CBI) Judge, Sanjay Bansal of the Rouse Avenue Courts, mandated a four-year imprisonment for Vijay Darda, Devender Darda, and Manoj Kumar Jayaswal. The court's ruling was issued following an intensive investigation and trial concerning irregularities identified in the assignment of a critical coal block. The said irregularities revolved around the concealment of facts and manipulation of resources to gain undeserved advantage in the coal block's allocation.
Furthermore, the ruling extended beyond the Dardas and Jayaswal, with punitive actions also meted out to key officials within the Ministry of Coal (MoC). Former Coal Secretary HC Gupta and Indian Administrative Service (IAS) officers KS Kropha and KC Samria were directed to serve three years in prison.
In addition to the jail term, a hefty financial penalty was also imposed. The Dardas and Jayaswal were each slapped with a fine of ₹10 lakh, while Gupta, Kropha, and Samria were ordered to pay ₹10,000 each. The court's order, in its entirety, is highly anticipated and likely to provide comprehensive details surrounding the case.
In a pronouncement on July 13, all the accused were found guilty of offences under Sections 120B (criminal conspiracy) and 420 (cheating and dishonestly inducing delivery of property) of the Indian Penal Code and Section 13(1)(d)(iii) of the Prevention of Corruption Act. This conviction marks the thirteenth in the infamous coal scam case.
Digging deeper into the specifics of the case, the coal block allocations in question were initially advertised in 2006. The prosecution argued that JLD Yavatmal Energy Pvt Ltd, which the Dardas and Jayaswal represented, had manipulated information on its application form with the aim of gaining unmerited benefits in the coal block's allocation.
The coal block was allocated to JLD through what the court described as a concerted collaboration between the company's office bearers and key officials from the Ministry of Coal - namely Gupta, Kropha, and Samria. At the time, Gupta was serving as Coal Secretary and Chairman of the Screening Committee. Kropha, on the other hand, held the position of Joint Secretary in the MoC and was a Member Convener of the Screening Committee. Meanwhile, Samria was also stationed in the MoC, with allegations stating that all applications were handled in his office, and his office supervised the entire process of coal block allocation.
After an initial investigation, the CBI submitted a closure report on April 15, 2014, stating that there was no tangible evidence of a criminal conspiracy or cheating. However, the closure report was dismissed by the predecessor judge in November 2014, who noted that the private parties had indeed committed an act of cheating, facilitated by the active complicity of MoC officials.
With an extensive order spanning over 400 pages, the court has firmly ruled that the accused company indeed made misrepresentations and dishonestly induced the Government of India. The court also underscored the responsibility of public servants, stating that their actions were binding and consequential. The court went on to note that assigning a coal block to an ineligible company was against public interest, and the actions of the three officers clearly showed their efforts to recommend the allocation of the coal block in favor of JLD.
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